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CTCM - CERTIFIED TEXAS
CONTRACT MANAGEMENT
A contract is complete when: - ANSWERS-All goods or services have been received and accepted All reports have been delivered and accepted All administrative actions have been accomplished All agency furnished equipment and material have been returned All property, inventory, and ownership issues are resolved including disposition of any equipment or licenses purchased under the contract Final acceptance from the Project Manager has been received Final payment has been made to the Contractor vendor performance reporting must happen when - ANSWERS- Vendor Performance must be reported after a contract valued at $25,000 or more has been completed or otherwise terminated. Vendor Score of A - ANSWERS-Should be given to vendors who met best value criteria and fully complied with the requirements of the contract with complete or substantial customer satisfaction.
Vendor Score of B - ANSWERS-Should be given to vendors who met best value criteria and fully complied - or promptly remedied any minor instance of non-compliancewith the requirements of the contract with substantial or adequate customer satisfaction. Vendor Score of C - ANSWERS-Should be given to vendors who met best value criteria and substantially remedied a majority of the instances of non-compliance with the requirements of the contract with adequate customer satisfaction. Vendor Score of D - ANSWERS-Should be given to vendors who did not meet best value criteria and was in substantial noncompliance with the requirements of the contract and failed to remedy a majority of those instances of non-compliance. Vendor Score of F - ANSWERS-Should be given to vendors who did not meet best value criteria and was in substantial non-compliance
Statewide Procurement Division (SPD) is the central authority for state agencies in procurement for: - ANSWERS-- Procurement guidance
- Education
- Statewide contract development services
- Delegation of purchasing authority What does Statewide Procurement Policy and Outreach do? - ANSWERS-• Conducts policy research
- Training and certification for procurement professionals
- Customer service support through the Outreach Team
- Solicitation reviews & delegated purchasing authority The Statewide Contract Development team develops statewide contracts for: - ANSWERS-• State agencies
- Institutions of higher education
- Local governments The Statewide Contract Management Team assist state agencies with: - ANSWERS-• Day-to-day contract management
- Contract administration
- Reporting requirements
- Vendor performance issues
Procurement Oversight & Delegation Team (POD) oversee: - ANSWERS-• Solicitation reviews & delegation of authority
- Oversee Services greater than $100,
- Coordinate review of solicitations greater than $5M+
- CAT members consists of multiple agencies
- Risk to agencies with delegating purchasing authority Centralized Master Bidders List - ANSWERS-• Master database to foster competition between vendors
- CMBL has an additional list that references HUB Requirements for Contracts $5,000 - $25,000 - ANSWERS-Requires informal bidding process by which three (3) Centralized Master Bidder's List (CMBL) vendors, two (2) of which MUST be Historically Underutilized Businesses (HUB), in the relevant industry must be solicited for bids or proposals. Historically Underutilized Business (HUB) Program - ANSWERS-• Promotes full and equal business opportunities
- Subcontracting in solicitations valued at 100K or greater Office of Vehicle Fleet Management (OVFM) - ANSWERS-• Assists agencies with state reporting of fleet vehicles
- Interagency contracts with state agencies and institutions of higher education to maintain the system
- Informs potential contracting opportunities
- Notification of contract awards
- Solicitations valued at $25,000+ MUST be posted on ESBD Statutory Required Vendor Performance Tracking System (VPTS) is used for: - ANSWERS-• Vendor performance reporting from state agencies
- Agencies must post vendor reports for contracts $25,000+
- Scoring vendors
- Tracking vendor performance
- Supplying information to state agencies
- Provides vendors an opportunity to respond to feedback Texas Multiple Award Schedule (TXMAS) - ANSWERS-• TXMAS contracts to supplement the term contracts issued and negotiated by State Procument Division
- Prior to purchasing from a TXMAS contract, state agencies must follow applicable statutes, as required, and purchase from TIBH, TCI, and SPD term contracts first (this does not apply to local governments). Agency Procurement Plans are due when and to whom - ANSWERS-• Annually to Comptroller's Office by November 30th
Agency Procurement Plans purpose to: - ANSWERS-- Analyze state spending and opportunities for contract consolidation
- Determine number of procurement professionals needing certifications When is Contract Advisory Team - Review and Delegation (CAT- RAD) used? - ANSWERS-Services $100,00 and up & Solicitations $5,000,000 Million+ Texas SmartBuy - ANSWERS-Statewide contracts procured and managed by SPD must use a purchase order through this system. Policy and Outreach - ANSWERS-Conducts policy research, training and certification and customer support services. Statewide Mail Operations - ANSWERS-Provides state agencies and universities a variety of mail operations services. Statewide Contract Development and Contract Management - ANSWERS-Develops and manages statewide contracts for use by state
$100,000 or greater. Centralized Master Bidder's List - ANSWERS-Master database that provides Texas procurement professionals the ability to foster competition between vendors. Agency Procurement Plans - ANSWERS-Collected for information on delegated purchases and determines if there are any possible gains with consolidating all the purchases together. Substantial Conflict of Interest - - ANSWERS-• Has a controlling interest
- Owns more than ten (10) percent of the voting interest
- Owns a more than $25,000 of the fair market value
- Holds shares, stocks, or other direct/indirect participation in more than 10 percent of profits, proceeds, or capital gains
- Serves on the board of directors
- Serves as an elected officer
- Is an employee
- Could reasonably foresee that a contract with the vendor would result in a personal financial benefit
Conflict of Interest - Financial Interests - ANSWERS-• If the agency's employees or officers have any financial interest in a vendor, the agency may not enter into a contract with that vendor under the following circumstances:
- A member of the agency's governing body, governing official, executive director, general counsel, chief procurement officer, or procurement director has a financial interest in the vendor.
- An agency employee or official is related to a vendor employee within the second degree by affinity or consanguinity. Nepotism - ANSWERS-• A form of conflict of interest, involves an explicit act of using one's position to favor a relative.
- Contract Developer must submit the SAO's Nepotism Disclosure to the agency's administrative head. Disclosure of Interested Parties Form 1295 - ANSWERS-SHOULD be submitted to State Ethics Commission at ANY amount, MUST be disclosed when a contract is valued at 1 Million and up. How man vendors do you have to solicit for contracts between 5K - 25K - ANSWERS-At least 3 vendors with 2 of them being HUB vendors Bribery - ANSWERS-• The act or practice of accepting or giving a bribe
required to report to the State Auditor's Office: - ANSWERS-- Fraud
- Waste
- Abuse Examples of Fraud, Waste or Abuse - ANSWERS-• theft • forgery • tampering with a governmental record
- securing execution of document by deception, More Examples of Fraud, Waste or Abuse - ANSWERS-• misapplication of fiduciary property,
- conversion of funds,
- abuse of official capacity,
- gift to a public servant by a person subject to his or her jurisdiction, and
- bribery. Vendor Communication - ANSWERS-• It is important to avoid the appearance of special favors when using public funds
- Communication between vendors and public procurement professionals is vital and encouraged
- All vendor communication must cease once the solicitation-drafting process commences to ensure integrity of procurement.
- There are allowable and unallowable vendorprocurement
professional interactions No Vendor Communication - ANSWERS-• To maintain a level playing field = no communication outside of pre-bid/offer/proposal conferences
- All communication with potential respondents should be made only through the agency's purchasing department or other designated staff.
- Avoid communication during solicitation posting period. Contract Value - ANSWERS-The value of a contract includes total value over a contract's term including any modification, renewal, or extension of the contract. A contract with an initial value of $ million, with three (3) optional, annual renewals. What is the contract value? - ANSWERS-$20 million A contract with an initial value of $100,000, with two (2) optional, annual renewals. What is the
(IFB)
- ANSWERS-• Used when requirements are clearly defined
- Price is a major determining factor
- Used when products are highly standardized Request for Proposals (RFP) - ANSWERS-• Recommended when factors other than price are to be considered or when objective criteria cannot be defined.
- RFP allows for negotiations between a respondent and the issuing agency Request for Offers (RFO) IT/Telecommunications - ANSWERS-• Solicitation for automated information systems
- Hardware
- Software
- Other IT goods and services
- Negotiations are allowed Request for Qualifications (RFQ) - ANSWERS-• Professional services
- Respondents evaluated based
on their qualifications and skills
- Solicitation method is similar to an application process
- Expectations of the vendor are clearly stated
- Price is negotiated after the selection
- If price is not reasonable, go to the next highest ranking respondent Texas Comptroller of Public Accounts Request for Applications (RFA) - ANSWERS-• RFA is used for grant applications
- Not approved for procuring goods and services
- Must include:
- Grant objective
- Guidelines
- Limitations on spending or eligibility.
- Evaluation criteria
- Performance Requirements Warranties and Maintenance - ANSWERS-• Warranties
- Maintenance Agreements Insurance - ANSWERS-• Insurance is a common risk mitigation measure.
- Insurance coverage should be sufficient to cover all claims against the contractor as well as any costs the agency might incur. Common Insurance Policies include: - ANSWERS-- Professional Liability
- Workers' Compensation
- Commercial Umbrella Excess Liability Coverage
- Automobile Remedies - ANSWERS-- Liquidated Damages
- Compensatory Damages
- Restitution Damages
- Equitable Remedies
- Punitive Damages
- Nominal Damages Licensing and Certification Requirements - ANSWERS-• If service requires license or certification, must include in solicitation.
- Vendors maintain license and/or certification throughout the life of the contract. Invoicing Requirements - ANSWERS-• Invoicing procedures should always be explained within the solicitation.
- Include requirements to provide a description of the work/goods delivered in order for the agency to remit payment. Solicitation Posting Requirements - ANSWERS-• Contract Advisory Team (CAT)
- Mandatory Review $5M+
- Quality Assurance Team (QAT)
- Review of Major Information Resources Projects (MIRP)
- QAT consists of representatives from the LBB, DIR,
